Small claims vs. provider?

joesmo888's Avatar
i have tenants that still owe me thousands, was a landlord for 10 some years. problem is hard to collect when those people have no credit and no money. sometimes its best to kick them to the curb and out of your hair and move on.
Small claims is a joke anyway. Even if you get a judgement there is no way to make them pay you.

My former roomate ( civilian ) has MARK tattooed in her forehead... for some odd reason decided to buy a hot tub from some company/guy in California... and sent them 8 grand. Almost 3 years... no hot tub has been delivered. When I met her she told me the story, and I emailed a local news "investigations" dept... who responded IMMEDIATLEY. She spoke to them, but then when they came to her house later that week to do the initial interview, she decided she didnt feel like dealing with them.

She has a lawyer now, but still has not seen a penny.

Lesson? Don't give money away unless you plan to consider it a DONATION!
ShysterJon's Avatar
Poet Laureate and babarumraisin are correct: The OP may not recover from she that wronged him because a contract with an illegal subject matter is unenforceable. "Ex turpi causa non oritur actio" (Latin: "No action arises from an illegal cause"). A person may not sue for damage arising out of an illegal activity. A person may not sue on an illegal contract, because it is void from the time of its creation.

Accordingly, I have taken to the bench to preside over Hooker Court, which follows the Hooker Common Law. Verdict for the defendant. The OP violated the first rule of hobbying: Never pay a provider in advance. "No payo pussio advanco becausio you will get screwedio."
Sandsailor's Avatar
Contracts for sex are specifically excluded as are contracts to enforce chattel or slavery e.g., the human body cannot be used for barter or as a commodity. On the other hand, palimony, and common law spousal enforcement of divorce statutes have been affirmed. It the same old deal; pay to lay, or pay to stay.
I'm not sure about you but where I live we have this thing called Karma. You should forget the past and look to enjoying life now. There has to be a much better well deserving prize for you.
Poet Laureate's Avatar
I'm not sure about you but where I live we have this thing called Karma. You should forget the past and look to enjoying life now. There has to be a much better well deserving prize for you. Originally Posted by technoid_x
We had Karma where I grew up in the Chicago suburbs, too. I think she's a provider now...
Most Small Claims courts have one page form (which is the "complaint") that only has few tick boxes and do not require stating of facts (in support of claim(s)) rather "breach of agreement" or "refusal to repay loan" can be inserted and clerk must accept it and return Cause number if you fill out the form and pay the small fee.

Presumably when the defendant is served and sees your complaint, they might be more inclined to see if a private resolution can be arranged which would avoid future litigation? Arguably a potential advantage if it brings her to table, also a disadvantage that could blow up in the Filer's face, so do be very careful not to just file willy nilly without thinking her through.

Trees deeply rooted old tree NEVER, not once has Trees ever seen or heard of refunds in the hobby, SB world or anywhere else in p4p. Therefore even if the small claims filing gets you some leverage without having to disclose anything, just chasing the money itself seems/feels like code violation.

Consider sending her flowers and a draft complaint that has not been filed?
. Good cop bad cop you play both roles?

Trees figures go with good cop only - - be nice to her leading to more playtime prolly best way to go? She probably feels little bad would benefit from face saving$ way forward?

19Trees
JCM800's Avatar
Do you have a college degree? If so, I am betting it cost more than your loan to a hooker. But the lesson is probably as valuable, or more so, than anything you got out of college. If not...consider it a cheap education. Either way, in the words of the Lord Humongous, just walk away...
You know, I feel for the OP. I learned the hard way on a lot of things myself. I do feel he is just out of luck on this one. My suggestion to the OP is to do what I do, when I do something stupid.

Go stand in front of the mirror, look closley into you own eyes. Think about what you did. Then take the palm of your hand, hold it face up. Then suddenly and repeatedly. beat yourself in the forehead while repeating over and over again, Dumbass, Dumbass, Dumbass.

Once thats out of your system. Learn from it and move on with your life.
Chica Chaser's Avatar
So, if he lived in Reno, Nevada he could proceed with his case. If he lived in Las Vegas or any other state in the USA, he can't proceed with his case. Escorting is legal in Reno, but not in Las Vegas. Originally Posted by flghtr65
Just as a point of order...

Prostitution is not legal in Nevada counties with over 400,000 population. That excludes Clark (Las Vegas) and Washoe (Reno). Plus Carson City (by ordinance), Douglas County (Lake Tahoe area, by ordinance) and Lincoln County (by ordinance)

The ranches near Reno are actually located in Storey County, and the ranches near Las Vegas are actually in Nye County, both legal areas.
Hobbyfun's Avatar
Here's the deal, when you pull your money out of your pocket to see a hooker just consider it gone, even before you walk in.
If you get the service you agreed to great, if you don't and she runs or has a pimp it's gone and forget it, just get on this board and tell your story and name her still simple.

Now if you prepay just figured your FUCKED to begin with but not in a good way. If the prepaid lady fulfills the agreement then you hit the jackpot.

Getting pissed off will not get your money back plain and simple. Sorry if you can't afford to lose it then don't hobby.

You have about a 20% chance your going to get ripped off here sometime or the other.

CASE CLOSED.
Cut your losses. Seems to me without a written contract, it's all he said, she said. No?
Any time you "LOAN" money to a friend, or any context outside of a contractual agreeement with all of the eyes dotted and the tees crossed, you need to forget the concept of LOAN and think GIFT.

Whether this is your cousin Joe, your sister Mabel, your best friend Mark, or a provider, the idea is the same. In other words, this is not a problem distinctly rooted in the provider-hobbyist relationship. The only difference is in real world, maybe Judge Judy will give a rat's ass about your deal gone bad, whereas in hobby world, when you start with dirty hands, you end up with dirty, empty, hands.

If you can't afford to make a GIFT, you can't afford to make a LOAN.
ShysterJon's Avatar
Well, the OP didn't loan the provider money. He paid her for whoopie in advance: "I have a chunk of money pre-paid to a provider in advance for services."